City Council Meeting Agendas & Information

These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Audio recordings of most City meetings can be obtained at www.bulverdetx.gov. City of Bulverde, Texas City Council Meeting Tuesday, November 14, 2023 Meeting Duration: 06:37 PM to 10:04 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 6:37 PM. Members of City Council Present: Mayor Bill Krawietz Council Member Mark Morkovsky, Place 1 Council Member Yvonne Chapman, Place 2 Mayor Pro Tem Charles Hughes, Place 3 Council Member Clint Hays Place 4 Council Member David Bullock, Place 5 Council Member Mechelle Salmon, Place 6 Members of City Council Absent: City Staff Present: City Manager Charles West, City Attorney Jason M. Rammel, City Secretary Sandra V. Ham, Chief of Police Gary Haecker, Public Works Director Tim Parker, Planning Director Suzanne Williams, Finance Director Sharon Nelson, and Lieutenant Nolan Byrd REPORTS AND PRESENTATIONS 2.A. Recognition of Lieutenant Nolan Byrd for 15 years of service to the City of Bulverde. Mayor Bill Krawietz presented a plaque of recognition to Lieutenant Nolan Bryd. 2.B. Police Department: Monthly Report Report given by Police Chief Gary Haecker. 2.C. Finance Department: Monthly Report Report given by Finance Director Sharon Nelson. 2.D. Public Works Update Report given by Public Works Director Tim Parker. 2.E. Planning Department Update Report given by Planning Director Suzanne Williams. 2.F. Parks & Recreation Update Report given by Board Member Ted Golsch. 2.G. Economic Development Foundation Report given by Executive Committee Member Paula Stakes. 2.H. City Manager Update Report given by City Manager Charles West. CONSENT AGENDA ITEMS 3.A. Consider approval of the City Council Meeting Minutes from October 10, 2023. 3.B. Consider approval of the City Council Meeting Minutes from October 24, 2023. Motion: Mayor Krawietz made a motion seconded by Mayor Pro Tem, Place 3 Hughes to approve the Consent Agenda. Vote: Motion carried unanimously (7) ayes to zero (0) nays. REGULAR AGENDA ITEMS 4.A. Hold a public hearing and consider an ordinance amending the zoning for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2 generally located at North Highway 281 in the 100 block of Old Boerne Road, to Planned Development District. Mayor Krawietz opened the public hearing at 7:09 PM. Ten comments were received by Council. Motion: Council Member, Place 1 Morkovsky made a motion seconded by Council Member, Place 2 Chapman to deny an ordinance amending the zoning for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2 generally located at North Highway 281 in the 100 block of Old Boerne Road, to Planned Development District. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.B. Consider an ordinance approving a variance to Section 17.03.005, Code of Ordinances of the City of Bulverde, Texas, pertaining to Disturbance of  Slope Areas for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to deny an ordinance approving a variance to Section 17.03.005, Code of Ordinances of the City of Bulverde, Texas, pertaining to Disturbance of Slope Areas for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.C. Consider an ordinance granting a variance to Section 17.04, Code of Ordinances of the City of Bulverde, Texas, pertaining to cut and fill requirements on an approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to deny an ordinance granting a variance to Section 17.04, Code of Ordinances of the City of Bulverde, Texas, pertaining to cut and fill requirements on an approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.D. Consider approving the addition of Finance Director Sharon Nelson to the City Bank Accounts as a signer. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to approve the addition of Finance Director Sharon Nelson to the City Bank Accounts as a signer. Vote: Motion carried unanimously (7) ayes to zero (0) nays. 4.E. Discuss and consider approval of a Resolution casting votes to elect Directors for the Comal Appraisal District for the years 2024-2025. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to approve a resolution casting all total 23 votes to elect John Taylor as Director for the Comal Appraisal District for the years 2024- 2025. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Resolution #343 4.F. Discussion on traffic and safety concerns related to the Persimmon Hill cul- de-sac. No action taken. 4.G. Presentation and discussion on the 2024 Street Maintenance Plan. No action taken. 4.H. Consider an ordinance amending Article 6.02, Code of Ordinances of the City of Bulverde, Texas to declare it a nuisance to cause an increase in stormwater discharge or cause damage to property by diversion of water. Motion: Mayor Krawietz made a motion to approve an ordinance amending Article 6.02, Code of Ordinances of the City of Bulverde, Texas to declare it a nuisance to cause an increase in stormwater discharge or cause damage to property by diversion of water. Motion failed due to lack of a second. Motion by Mayor Krawietz was withdrawn. Vote: No action taken. 4.I. Consider an ordinance amending Article 3.01, Code of Ordinances of the City of Bulverde, Texas to impose administrative penalties for violations of building codes. Motion: Council Member, Place 4 Hays made a motion seconded by Mayor Krawietz to approve an ordinance amending Article 3.01, Code of Ordinances of the City of Bulverde, Texas to impose administrative penalties for violations of building codes, as amended to change the word "fee" to "penalty" as found in Exhibit A of the ordinance. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Ordinance #745 4.J. Consider an ordinance amending Section 3.05.002, Code of Ordinances of the City of Bulverde, to require certificates of occupancy for residential buildings. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to approve an ordinance amending Section 3.05.002, Code of Ordinances of the City of Bulverde, to require certificates of occupancy for residential buildings. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Ordinance #746 4.K. Discuss and consider an ordinance granting a transmission and  distribution electric utility franchise to Pedernales Electric Cooperative, Inc. for a ten (10) year term commencing on the effective date or the longest term allowed by the City Charter. No action taken. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Mayor Bill Krawietz opened the meeting for public comments not related to posted agenda items at 9:20 PM. One comment was received by Council. Public comments closed at 9:23 PM. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION At 9:25 PM the City Council convened into Executive Session to discuss the following: 7.A. Pursuant To Texas Government Code § 551.071(1), The City Council Shall Convene In A Closed Session To Seek Advice From The City’s Attorney Regarding Pending Litigation Styled City Of Bulverde, Texas V. Pesado Construction Company And Pape-Dawson Consulting Engineers, LLC, Cause No. C2023-1008E, 466th District Court, Comal County, Texas. 7.B. Pursuant To Texas Government Code § 551.071(1), The City Council Shall Convene In A Closed Session To Seek Advice From The City’s Attorney Regarding Pending Litigation Styled Lynn & Kimberly Phillips vs James Eureste, Alex Garcia, Exp Realty, LLC and City of Bulverde, Texas, Cause No. C2023-1796D, 433rd District Court, Comal County, Texas. 7.C. Pursuant to Texas Government Code § 551.071(2), the City Council shall convene in a closed session to conduct a private consultation with the City’s attorney on a matter in which the attorney has a duty of confidentiality, namely: i. Wastewater treatment plant planned for Diamante Ranch. ii. Amendment of Master Development Plan for Johnson Ranch development agreement submitted by DH Investments. iii. Subdivision of property abutting Stahl Lane by Lennar Custom Homes and Catenary VIS LLC. iv. For removal from the City’s extraterritorial jurisdiction regarding the following properties: 1275 Stoney Ridge Road, 490 E. Ammann Road, 1010 Rainbow Drive, 1450 Bulverde Road, 5727 FM 1863, 204 Rodeo Drive, 17080 State Highway 46, 17130 State Highway 46, 17102 State Highway 46, 101 Mitchell Drive, 105 Mitchell Drive, 115.517 acre tract  of land, A-23, Survey 801 A.B. & Moulton, 32.623 acre tract of land, A- 23, Survey 801 A.B. & Moulton, and 1025 Texas Oaks. v. Amendment to Development Agreement with Henry and Janet Wagner pertaining to approximately 52.886 acres located generally at 31210 Stahl Lane, Bulverde, Texas. vi. An encroachment on public right of way on Bulverde Road by Gloria Deo Academy, 1110 Bulverde Road. ACTION ITEMS FROM EXECUTIVE SESSION At 10:00 PM the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. 8.A. Consider an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way on Bulverde Road at 1110 Bulverde Road. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 4 Hays to deny an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way on Bulverde Road at 1110 Bulverde Road. Vote: Motion to deny carried (5) ayes to (2) nays, Mayor Krawietz and Council Member, Place 6 Salmon opposed. 8.B. Consider taking action regarding the petition for removal from the City’s extraterritorial jurisdiction regarding the following properties: 1275 Stoney Ridge Road, 490 E. Ammann Road, 1010 Rainbow Drive, 1450 Bulverde Road, 5727 FM 1863, 204 Rodeo Drive, 17080 State Highway 46, 17130 State Highway 46, 17102 State Highway 46, 101 Mitchell Drive, 105 Mitchell Drive, 115.517 acre tract of land, A-23, Survey 801 A.B. & Moulton, 32.623 acre tract of land, A-23, Survey 801 A.B. & Moulton, and 1025 Texas Oaks. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to approve a resolution denying petitions to remove the listed properties from the City's ETJ. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Resolution #344 ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 10:04 PM. ________________________ Sandra V. Ham City Secretary